Shyam Kishore Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51493 of 2026 Arising Out of PS. Case No.-25 Year-2026 Thana- KAMTAUL District- Darbhanga ====================================================== Shyam Kishore Thakur S/o Late Raj Kumar Thakur, R/o Village- Raghauli, P.S- Bisfi, Dist- Madhubani.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Mritunjay Kumar, Advocate For the State :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 29-07-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Kamtaul P.S. Case No. 25 of 2026 dated 02.02.2026, registered for the offences punishable under Sections 103(1) and 61(2) of the B.N.S., 2023 and Section 27 of the Arms Act.

3. As per the prosecution case, husband of the informant was shot at by co-accused Azaad Thakur, who is the son of this petitioner. The allegation against the petitioner and his wife is that earlier they threatened the husband of the informant in helping them in the murder case in which coaccused Azaad Thakur was an accused.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.51493 of 2026(2) dt.29-07-2026 2/3 been implicated in the present case. From perusal of FIR it is apparent that only allegation against the petitioner and his coaccused wife is that they threatened informant and her husband. The co-accused wife of this petitioner has already been granted bail by a learned co-ordinate Bench of this Court vide order dated 07.05.2026 passed in Cr. Misc. No. 29972 of 2026. Learned counsel further submits that except for the allegation made in the FIR and confessional statement of the co-accused persons, there is no material against the petitioner. Moreover, even in the confessional statement, there is no allegation of opening fire against the husband of the informant causing his death. The whole allegation against the petitioner is vague, general and omnibus and merely ornamental and without any substance. Learned counsel next submits that petitioner is having antecedent of three cases and chargesheet has been submitted. Learned counsel lastly submits that petitioner is in custody since 04.02.2026.

5. Learned A.P.P. appearing on behalf of the State opposes the submissions made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the vague, non-specific and doubtful nature of allegation against the

Patna High Court CR. MISC. No.51493 of 2026(2) dt.29-07-2026 3/3 petitioner and also considering the submission of chargesheet and period of custod of the petitioner, the petitioner, abovenamed, is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga / concerned Court, in connection with Kamtaul P.S. Case No. 25 of 2026, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial Court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned. (Arun Kumar Jha, J) Shahnawaz/- U T